Tuesday, December 25, 2012

Boise Criminal Attorneys - Idaho DUI Lawyers (208) 472-2383

DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however.  As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays.  The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.

Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year.  They are on watch for individuals imbibing and driving.  Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo.  Mr. Crapo is not unique in this holiday criminal charge.  Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink.  It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.

Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration.  We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk.  Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking.  Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver.  If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence.  Instead of turning to alcohol, it is better to find someone to talk to.  It could be a family member, a member of the clergy, your divorce attorney or a counselor.  No one should suffer alone and those people are there to help you.  Don't let a DUI ruin the holidays for you or your family.

If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383.  You will be glad you did.

Wednesday, December 12, 2012

Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case

I have often spoken about modification in my divorce and family law blogs.  Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.

When speaking of modification this way, it seems that post divorce or custody is the only time changes occur.  That, however, is slightly misleading.  As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.

For example, Magistrate Judges in Ada County order issues of custody to be mediated.  The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do.  They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement.  If they agree they then sign the agreement and that is incorporated into the divorce and custody order.

Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child.  For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent. 

Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification?  As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance.  It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent.  Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.

If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.